SB 755 — Dissolution of marriage; modifying time frame for setting hearing for certain temporary orders. Emergency.

STATESENATE OFFLOOR OKLAHOMAVERSION 2March 1st4, Session2025 of the 60th Legislature (2025) 3 SENATE BILL 755NO. By:

Gollihare755 4By: 5 AS INTRODUCED 7 An Act relating to dissolution of marriage;

amendingGollihare 435 O.S.An Act relating to dissolution of marriage;

amending O.S.

Req.a.

No.restraining the parties from transferring, encumbering, concealing, or in any way disposing of, SENATE FLOOR VERSION - SB755 SFLR Page 1 (Bold face denotes Committee Amendments) without the written consent of the other party or an order of the court, any marital property, except in the usual course of business, for the purpose of retaining an attorney for the case or for the necessities of life and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect, b.

937 Page 1 a.

restraining the parties from transferring, 2 encumbering, concealing, or in any way disposing of, 3 without the written consent of the other party or an order of the court, any marital property, except in 5 the usual course of business, for the purpose of 6 retaining an attorney for the case or for the 7 necessities of life and requiring each party to notify the other party of any proposed extraordinary 9 expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect, b.

(1) intentionally or knowingly damaging or destroying the tangible property of the parties, or of either of them, specifically including, but not limited to, any electronically stored materials, electronic communications, social network data, financial records, and any document that represents or embodies anything of value, (2) making any withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, Req.(3) withdrawing or borrowing in any manner all or any part of the cash surrender value of any life SENATE FLOOR VERSION - SB755 SFLR Page 2 (Bold face denotes Committee Amendments) insurance policies on either party or their children, (4) changing or in any manner altering the beneficiary designation on any life insurance policies on the life of either party or any of their children, (5) canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties’ property or persons, (6) opening or diverting mail addressed to the other party, and (7) signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal signature of the other party, c.

No.requiring the parties to maintain all presently existing health, property, life and other insurance which the individual is presently carrying on any member of this family unit, and to cooperate as necessary in the filing and processing of claims.

937Any PageSENATE 2FLOOR (3)VERSION withdrawing- orSB755 borrowingSFLR inPage any3 manner(Bold allface ordenotes anyCommittee 2Amendments) partemployer-provided ofhealth the cash surrender value of any life 3 insurance policiescurrently on either party or their children, 5 (4) changing or in anyexistence mannershall alteringremain the 6 beneficiary designation on any life insurance 7 policies on the life of either party or any of their children, 9 (5) canceling, altering, or in anyfull mannerforce affecting any casualty, automobile, or health insurance policies insuring the parties’ property or persons, (6) opening or diverting mail addressed to the other party, and (7)effect signingfor orall endorsingfamily themembers, otherd. party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal signature of the other party, c.

requiringenjoining theboth parties tofrom maintainmolesting allor presentlydisturbing existingthe health,peace property,of lifethe and other insuranceparty whichor of the individualchildren isto presentlythe carryingmarriage, one. any Req.

No.

937 Page 3 member of this family unit, and to cooperate as 2 necessary in the filing and processing of claims.

Any 3 employer-provided health insurance currently in existence shall remain in full force and effect for 5 all family members, 6 d.

enjoining both parties from molesting or disturbing 7 the peace of the other party or of the children to the marriage, 9 e.

requiring, unless otherwise agreed upon by the parties in writing, the delivery by each party to the other within thirty (30) days from the earlier of either the Req.date of service of the summons or the filing of an SENATE FLOOR VERSION - SB755 SFLR Page 4 (Bold face denotes Committee Amendments) initial pleading by the respondent, the following documents:

No.(1) the federal and state income tax returns of each party for the past two (2) years and any nonpublic, limited partnership and privately held corporate returns for any entity in which either party has an interest, together with all supporting documentation for the tax returns, including but not limited to W-2 forms, 1099 forms, K-1 forms, Schedule C and Schedule E.

937If Pagea 4return dateis not completed at the time of servicedisclosure, the parties shall provide the documents necessary to prepare the tax return of the summonsparty, to include W-2 forms, 1099 forms, K-1 forms, copies of extension requests and estimated tax payments, (2) two (2) months of the most recent pay stubs from each employer for whom the party worked, (3) statements for the past six (6) months for all bank accounts held in the name of either party individually or jointly, or in the filingname of ananother 2person initialfor pleadingthe benefit of either party, or held by either party for the respondent,benefit of the followingminor 3child documents:or children of the parties, SENATE FLOOR VERSION - SB755 SFLR Page 5 (Bold face denotes Committee Amendments) (4) documentation regarding the cost and nature of available health insurance coverage for the benefit of either party or the minor child or children of the parties, (5) documentation regarding the cost and nature of employment or educationally related child care expenses incurred for the benefit of the minor child or children of the parties, and (6) documentation regarding all debts in the name of either party individually or jointly, showing the most recent balance due and payment terms.

(1) the federal and state income tax returns of each 5 party for the past two (2) years and any 6 nonpublic, limited partnership and privately held 7 corporate returns for any entity in which either party has an interest, together with all 9 supporting documentation for the tax returns, including but not limited to W-2 forms, 1099 forms, K-1 forms, Schedule C and Schedule E.

If a return is not completed at the time of disclosure, the parties shall provide the documents necessary to prepare the tax return of the party, to include W-2 forms, 1099 forms, K-1 forms, copies of extension requests and estimated tax payments, (2) two (2) months of the most recent pay stubs from each employer for whom the party worked, (3) statements for the past six (6) months for all bank accounts held in the name of either party individually or jointly, or in the name of another person for the benefit of either party, Req.

No.

937 Page 5 or held by either party for the benefit of the 2 minor child or children of the parties, 3 (4) documentation regarding the cost and nature of available health insurance coverage for the 5 benefit of either party or the minor child or 6 children of the parties, 7 (5) documentation regarding the cost and nature of employment or educationally related child care 9 expenses incurred for the benefit of the minor child or children of the parties, and (6) documentation regarding all debts in the name of either party individually or jointly, showing the most recent balance due and payment terms.

Req.4.

No.

937 Page 6 4.

The provisions of the automatic temporary injunction 2 shall be printed as an attachment to the summons and 3SENATE FLOOR VERSION - SB755 SFLR Page 6 (Bold face denotes Committee Amendments) the petition and entitled “Automatic Temporary Injunction Notice”.

5 b.

The automatic temporary injunction notice shall 6 contain a provision which will allow the parties to 7 waive the automatic temporary injunction.

In addition, the provision must state that unless both 9 parties have agreed and have signed their names in the space provided, that the automatic temporary injunction will be effective.

a party, no later than three (3) days after service on the party, files an objection to the injunction and Req.requests a hearing.

No.Provided, the automatic temporary SENATE FLOOR VERSION - SB755 SFLR Page 7 (Bold face denotes Committee Amendments) injunction shall remain in effect until the hearing and a judge orders the injunction removed.

937 Page 7 requests a hearing.

Provided, the automatic temporary 2 injunction shall remain in effect until the hearing 3 and a judge orders the injunction removed.

The automatic temporary injunction shall be dissolved upon 5 the granting of the dissolution of marriage, final order of legal 6 separation or other final order.

7 7.

Nothing in this subsection shall preclude either party from applying to the court for further temporary orders, pursuant to this 9 section, an expanded automatic temporary injunction, or modification or revocation thereto.

(1) there is exhibited by a respondent or by the petitioner to the peace officer a copy of the petition or summons, with an attached Temporary Injunction Notice, duly filed and issued pursuant to this section, together with a certified copy of the affidavit of service of process or a Req.SENATE FLOOR VERSION - SB755 SFLR Page 8 (Bold face denotes Committee Amendments) certified copy of the waiver and acceptance of service, and (2) the peace officer has cause to believe that a violation of the automatic temporary injunction has occurred.

No.b.

937A Pagepeace 8officer certifiedshall copynot ofbe theheld waivercivilly andor acceptancecriminally ofliable 2for service,his andor 3her (2)action thepursuant peaceto officerthis hasparagraph causeif tohis believeor thather aaction violationis ofin thegood automaticfaith temporaryand injunctionwithout 5malice. has occurred.